Schanne v. Addis
898 F. Supp. 2d 751
E.D. Pa.2012Background
- Schanne, a Pennsylvania physics teacher at Lower Merion High School, was terminated Jan. 24, 2011 following an investigation into a sexual relationship with Addis, his former student.
- Addis was a Lower Merion student (1999–2003) who later attended Tulane University; she reported to school officials about the relationship.
- Addis testified that the relationship began during Addis’s senior year and involved kissing, touching, and intercourse; Schanne disputed timing.
- In Nov. 2010 Addis confided in O’Bannon, a Lower Merion colleague, about the relationship, prompting O’Bannon to report to school officials.
- school officials subsequently initiated an investigation, held a Loudermill pre-termination hearing, and ultimately terminated Schanne; Schanne filed defamation suit in March 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Addis’s statement to O’Bannon is absolutely privileged | Schanne argues it was extrajudicial and not privilege-protected | Addis’s statement initiated or related to a quasi-judicial proceeding | Yes; absolute privilege applies to statements tied to the proceeding |
| Whether the privilege covers pre-proceeding statements | Pre-proceeding remark should not be privileged | Privilege extends to statements preceding and leading to proceedings | Yes; privilege applies to pre-proceeding communications linked to the later proceeding |
| Policy considerations supporting privilege | Privilege undermines plaintiff’s ability to seek redress | Privilege encourages reporting and truthful testimony in investigations | Privilege justified to encourage reporting and protect open communication in judicial processes |
Key Cases Cited
- Pawlowski v. Smorto, 588 A.2d 36 (Pa. Super. Ct. 1991) (absolute privilege for communications in aid of judicial proceedings)
- Binder v. Triangle Publ’ns, Inc., 275 A.2d 53 (Pa. 1971) (privilege extends to communications pertinent to the proceeding)
- Post v. Mendel, 507 A.2d 351 (Pa. 1986) (communications pertinent to any stage of a judicial proceeding are privileged)
- Marino v. Fava, 915 A.2d 121 (Pa. Super. Ct. 2006) (extends privilege to informal reports leading to investigation)
- Milliner v. Enck, 709 A.2d 417 (Pa. Super. Ct. 1998) (privilege applies to quasi-judicial proceedings)